Hand in United Kingdom

Concept of Hand

The following is an old definition of Hand [1], a term which has several meanings:1. As the member of the body with which a thing ia held, an instrument used, force or action originated or exerted, or a deed done, is in frequent use. See Arraign; Burn; Death; Mayhem. Compare Main; -Manus. Handbill. A written or printed public notice of something to be done; as, of a judicial sale of property. The number, time, and manner of posting such bills is regulated by local statute or rule of court. Hand-money. The price or earnest given to bind a bargain, after shaking hands, or instead thereof; the consideration of a hand-sale. See Earnest. Hand-sale. Anciently, among northern nations, shaking of hands was necessary to bind a bargain; a custom retained in verbal contracts. Uplifted hand. Refers to an oath taken by raising the right hand toward Heaven. Whip-hand. The right hand; the side of a road toward the right hand. See Road, 1, Law of

Alternative Meaning

Force; violence. Strong hand. ” With strong hand ” implies a degree of criminal force, more than ” with force and arms.” Statutes relating to forcible entry (see, in this resource, the term) use the words in describing the degree of force which makes an entry or detainer criminal, and entitles the prosecutor, under some circumstances, to restitution and damages. “With force and arms ” are merely formal words in the action of trespass, and if issue be taken upon them, the plaintiff is not bound to prove any actual force. 3. Chirography; penmanship; handwriting. Whatever one has written with his hand; not merely his usual style of chirography. Comparison of hands, or of handwriting. Proving penmanship by its likeness to other writing, admitted or proven to be genuine. The rule of the common law is to disallow a comparison of hands as proof of signature. An exception is, that if a paper, admitted to be in the hands of a party or to be subscribed by him, is in evidence for some other purpose, the signature or paper in question may be compared with it by the jury. A paper, otherwise irrelevant, may not be put in evidence merely to enable the jury to make a comparison. When a witness is called to prove a signature from his knowledge of the signer’s writing, he should be first cross-examined as to his means of knowledge. Handwriting is proved by the writer, by his admission, by his writing in court, or by a witness who has either seen him write or is familiar with his hand. The witness may be tested b* other writings. In England, comparison is permitted only as to test paper already in court. In some States, comparison with other papers is allowed. Test papers made for the purpose are inadmissible. An expert in handwriting may say whether in his opinion a hand is feigned or natural. All evidence of handwriting, except in the single instance where the witness saw the document written, is in its nature comparison of hands. It is the belief which the witness entertains upon comparing the writing in question with the exemplar in his mind derived from previous knowledge. Any witness, otherwise disinterested, who has had the opportunity of acquiring such an exemplar, is competent to speak of his belief. It is one of the few instances id which the law accepts from witnesses belief in facts, instead of facts themselves. If, from having seen the party write or from correspondence with him, the witness has become familiar with his hand, he may testify his belief as to the genuineness of the writing in question. Technically, comparison of handwriting means a “comparison by the juxtaposition of two writings, to ascertain whether both were written by the same person.” . . (1) Evidence as to the genuineness of a paper may be corroborated by a comparison, to be made by the jury, between that paper arid other well authenticated writings. (2) A mere expert may not make the comparison. (3) Witnesses having knowledge of the party’s handwriting may testify as to the paper; but they are not to make the comparison. (4) Test documents shovdd be established by the most satisfactory evidence. (5) An expert may be examined to prove forged or simulated writings, and to give conclusions of skill; but not to compare a writing, as, a note, in suit, with other test papers, and express his opinion, when he had no knowledge of the defendant’s haudwriting. The rule is that a witness who is introduced to prove the handwriting of a person must have personal knowledge of it, either by having seen him write, or by having seen writing admitted by him to be his or, with his knowledge, acted upon as his, or so adopted into the ordinary business of life as to create a reasonable presumption of its genuineness. Exceptions are, first, where the paper is not old enough to prove itself, and yet is so old that living witnesses cannot be had; then, other writings proven to be genuine, or to have been acted upon as such by all parties, may be offered, and experts, by comparison, may give their opinion as to the genuineness; or, second, where other writings admitted to be genviine are already in the case, when the jury may make the comparison without expert aid. The civil and ecclesiastical law permitted the testimony of experts as to handwriting by comparison. The rule varies in the different States. In some, comparison is allowed between the writing in question and any other writing shown to be genuine, whether already in the case or not, or relevant or not; while in others, it is only permitted as between the disputed paper and one already in the case and I’olevant to it. See Forgery; Subscribe. Under haud and seal, or witness my hand, etc. Said of an instrument of writing, and refers, specifically, to the name or signature thereto. See Seal, 1. 4. Condition or attitude before the law; as, in the expression – Clean hands. Upright before the law; free from fault; in a position to ask the intervention of a court of equity. Hand down. To decide, declare, announce. Hand down an opinion. When a member of a court of errors and appeals has written an opinion in a case and delivered it to the clerk for transmission to the court whose decision has been under review, the opinion is said to be ” handed down.”

Resources

Notes and References

1. Meaning of Hand provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)